Florida Statutes

Fla. Stat. § 120.665 (2025)

Disqualification of agency personnel.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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120.665 Disqualification of agency personnel.—

(1) Notwithstanding the provisions of s. 112.3143, any individual serving alone or with others as an agency head may be disqualified from serving in an agency proceeding for bias, prejudice, or interest when any party to the agency proceeding shows just cause by a suggestion filed within a reasonable period of time prior to the agency proceeding. If the disqualified individual was appointed, the appointing power may appoint a substitute to serve in the matter from which the individual is disqualified. If the individual is an elected official, the Governor may appoint a substitute to serve in the matter from which the individual is disqualified. However, if a quorum remains after the individual is disqualified, it shall not be necessary to appoint a substitute.

(2) Any agency action taken by a duly appointed substitute for a disqualified individual shall be as conclusive and effective as if agency action had been taken by the agency as it was constituted prior to any substitution.

History.—s. 1, ch. 74-310; s. 12, ch. 78-425; s. 2, ch. 83-329; s. 767, ch. 95-147; s. 34, ch. 96-159; s. 18, ch. 2013-36.

Note.—Former s. 120.71.

Notes of Decisions

Cited in 6 cases, 2002–2015 · leading case: Biscayne Bay Pilots, Inc. v. Florida Caribbean-Cruise Ass'n, 160 So. 3d 559 (Fla. 1st DCA 2015).

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Biscayne Bay Pilots, Inc. v. Florida Caribbean-Cruise Ass'n, 160 So. 3d 559 (Fla. 1st DCA 2015). · cites it 17× “The legal basis for the motion was section 120.665, Florida Statutes, which provides in pertinent part: any individual serving alone or with others as an agency head may be disqualified from serving in an agency proceeding for bias, prejudice, or interest when any party to the…”

Charlotte Cnty. v. IMC-Phosphates Co., 824 So. 2d 298 (Fla. 1st DCA 2002). · cites it 6× “Section 120.665, Florida Statutes, provides for the disqualification of an agency head for bias, prejudice, or interest.”

Port Everglades Pilots Ass'n v. Florida-Caribbean Cruise Ass'n, 170 So. 3d 952 (Fla. 1st DCA 2015). · cites it 7× “” The PEPA filed pursuant to section 120.665, Florida Statutes, a motion to disqualify Commissioners Burke and Miguez, two of the Committee members; from the proceedings on the FCCA’s application.”

Florida Water Servs. Corp. v. Robinson, 856 So. 2d 1035 (Fla. 5th DCA 2003). · cites it 2× “§ 120.665, Fla. Stat. [2] The definition of *1038 "agency" includes counties and municipalities but only to the extent they are expressly made subject to the APA by general or special law or existing judicial decisions.”

Alan Seiden v. Frances J. Adams, ED. D, as Superintendent of the Sch. Dist. of Indian River Cnty., Florida, 150 So. 3d 1215 (Fla. 4th DCA 2014). · cites it 5× “That section provides that an individual “may be disqualified from serving in an agency proceeding for bias, prejudice, or interest when any party to the agency proceeding shows just cause by a suggestion filed within a reasonable period of time prior to the agency proceeding.”

Biscayne Bay Pilots, Inc. v. Florida Caribbean-Cruise Ass'n, 177 So. 3d 1043 (Fla. 1st DCA 2015). · cites it 5× “Pursuant to section 120.665, Florida Statutes, BBP filed a motion to disqualify Commissioners Burke and Mi-guez from serving on the Committee because Burke and Miguez are senior executives of Carnival Cruise Lines and Royal Caribbean, which are members of FCCA.”

— 120.665(1) — 3 cases

Charlotte Cnty. v. IMC-Phosphates Co., 824 So. 2d 298 (Fla. 1st DCA 2002). “Section 120.665, Florida Statutes, provides for the disqualification of an agency head for bias, prejudice, or interest.”

Biscayne Bay Pilots, Inc. v. Florida Caribbean-Cruise Ass'n, 160 So. 3d 559 (Fla. 1st DCA 2015). “The legal basis for the motion was section 120.665, Florida Statutes, which provides in pertinent part: any individual serving alone or with others as an agency head may be disqualified from serving in an agency proceeding for bias, prejudice, or interest when any party to the…”

Alan Seiden v. Frances J. Adams, ED. D, as Superintendent of the Sch. Dist. of Indian River Cnty., Florida, 150 So. 3d 1215 (Fla. 4th DCA 2014). “That section provides that an individual “may be disqualified from serving in an agency proceeding for bias, prejudice, or interest when any party to the agency proceeding shows just cause by a suggestion filed within a reasonable period of time prior to the agency proceeding.”

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